Comey's Actions: Lawful Or Legal Transgression?

James Comey, the seventh director of the Federal Bureau of Investigation (FBI), has faced accusations of violating the law during his controversial tenure. Comey's actions during the 2016 US presidential election, specifically his decision to reopen the investigation into Hillary Clinton's emails, sparked intense debate about the legality of his conduct. Senate Democratic Leader Harry Reid asserted that Comey may have contravened the Hatch Act, which prohibits federal employees from influencing elections. Comey's integrity was questioned, and his actions were seen as a breach of protocol by former Justice Department officials. While some commentators defended Comey, others believed he knew the potential consequences of his actions and intended to disrupt the election. Comey himself denied any wrongdoing, stating that he saw no credible claim that he had violated the law. The Department of Justice ultimately declined to prosecute him.

Comey's letter to Congress about Clinton's emails

On October 28, 2016, FBI Director James Comey sent a letter to members of Congress stating that the FBI had discovered emails that "appear pertinent" to the investigation into Hillary Clinton's use of a private email server during her time as Secretary of State. Comey's letter came just 11 days before the 2016 presidential election, in which Clinton was the Democratic nominee.

In the letter, Comey wrote that "in connection with an unrelated case, the FBI has learned of the existence of emails that appear to be pertinent to the investigation." The unrelated case in question involved former congressman Anthony Weiner, who was under investigation for allegedly sending sexually explicit texts to a 15-year-old girl. The FBI discovered emails on Weiner's laptop between his wife, Huma Abedin—who was vice chair of Clinton's 2016 presidential campaign—and Clinton.

Comey's decision to notify Congress about the new emails was controversial. He faced criticism from both Democrats and Republicans, who accused him of interfering in the election. Senate Democratic Leader Harry Reid argued that Comey may have violated the Hatch Act, which prohibits federal employees from using their official authority to influence election results. Comey was also criticized for not providing additional details about the emails and for not consulting with the Department of Justice (DOJ) before sending the letter.

On November 6, Comey sent a second letter to Congress, stating that the FBI had completed its review of the new emails and had not changed its previous conclusion. However, the damage had already been done. Clinton and other observers argued that the reopening of the investigation was a major reason for her loss in the election. In January 2017, the DOJ started an investigation into Comey's actions.

Comey's decision to go public with the emails

James Comey's decision to go public with the emails was controversial. Comey's letter to Congress regarding emails that could be related to Hillary Clinton's private server raised questions about the legality of the timing and style of the announcement. The Clinton campaign and supporters criticised Comey for making such a dramatic announcement so close to the 2016 election.

The question of whether Comey broke the law is complicated. Comey's actions were criticised by almost a hundred former Justice Department officials, who claimed that he breached protocol. Senate Majority Leader Harry Reid went further, suggesting that Comey may have broken the law that bans federal employees from engaging in political activity.

However, Comey's actions could be interpreted sympathetically. He may have felt a personal and professional obligation to go public with the emails, as he had promised Congress that he would keep them updated with any new developments in the Clinton case.

Comey's decision to notify Congress about the new emails was also influenced by his belief that not doing so would be misleading. He considered the Justice Department's guidance against publicly discussing investigations to be "guidance" rather than an ironclad rule.

Ultimately, the Department of Justice declined to prosecute Comey, and there was no evidence found that he released any classified information.

Comey's violation of the Hatch Act

On October 28, 2016, FBI Director James Comey sent a letter to members of Congress, advising them that the FBI was reviewing new emails pertaining to the Hillary Clinton email investigation. This letter was sent just 11 days before the 2016 presidential election, and members of Congress revealed the information to the public within minutes.

The Hatch Act of 1939 is a US federal law that prohibits civil-service employees in the executive branch of the federal government from engaging in some forms of political activity. It prevents the use of official authority or influence to affect the result of an election. The president, vice president, and a few top officials from the executive branch are exempt from the Hatch Act.

James Comey's letter to Congress was accused of violating the Hatch Act, with an official complaint filed by Richard Painter, the chief White House ethics lawyer under the George W. Bush administration from 2005 to 2007. Painter wrote that Comey's move was "an abuse of power," and that "the rules are violated if it is obvious that the official's actions could influence the election."

Senate Democratic Leader Harry Reid also stated that Comey may have violated the Hatch Act, accusing him of using his position as FBI Director to influence the election. In a letter to Comey, Reid said that the move revealed a "clear double standard," as Comey was allegedly sitting on evidence of ties between the Trump campaign and the Russian government.

The FBI's decision to review additional emails related to the Clinton investigation so close to the election was controversial, with critics arguing that the timing and style of the announcement made it illegal. Comey's actions were also questioned by legal specialists, who suggested that he may have violated the Hatch Act as well as Justice Department guidelines.

While the intent to influence the election is difficult to prove, some argued that Comey's actions and the content of his letter indicated a possible violation. Comey himself acknowledged the unusual nature of his letter, stating that "of course, we don't ordinarily tell Congress about ongoing investigations." However, he felt an obligation to provide an update given his previous testimony that the investigation was completed.

The Department of Justice declined to prosecute Comey, and he was ultimately not charged with any violation of the Hatch Act. However, the controversy surrounding his actions during the 2016 election raised questions about his judgment and sparked intense debate about the role of the FBI in political matters.

Comey's leaking of memos to the media

In May 2017, James Comey, the former director of the FBI, was fired by President Donald Trump. Later that month, Comey had a friend leak to the press a memo he had written after a private meeting with the president. The memo detailed a conversation in which Trump had asked Comey to end the FBI's investigation into Michael Flynn, the former national security advisor.

Comey's decision to leak the memo was motivated by a desire to prompt the appointment of a special prosecutor to investigate Russian interference in the 2016 election. He asked his "close friend", a professor at Columbia Law School, to share the contents of the memo with a reporter. Comey did not leak the memo himself, expressing concern that doing so would be like "feeding seagulls at the beach".

Comey's actions sparked intense debate and controversy. Some argued that he had violated FBI policy and broken the law by leaking the memo, while others defended his actions as a justified attempt to expose potential wrongdoing by the president. The Department of Justice ultimately declined to prosecute Comey, and a subsequent report by the Office of the Inspector General found no evidence that Comey or his attorneys had released any classified information to the media.

Comey's leaking of the memo had significant repercussions. It led to Comey's Congressional testimony in June 2017, which was interpreted by some as evidence of obstruction of justice by Trump and became part of the Mueller investigation. The memo also contributed to the public's growing awareness of the tensions and conflicts within the Trump administration.

Comey's dismissal of the Hillary Clinton email investigation

On July 5, 2016, FBI Director James Comey announced that the FBI was recommending that the United States Department of Justice file no criminal charges relating to Hillary Clinton's use of a private email server while she was Secretary of State. Comey called Clinton's and her top aides' behaviour extremely careless, but concluded that "no reasonable prosecutor would bring such a case".

The investigation began as a referral from the Intelligence Community Inspector General in connection with Clinton's use of a personal email server during her time as Secretary of State. The referral focused on whether classified information was transmitted on that personal system. The FBI looked at whether there was evidence that classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanour to knowingly remove classified information from appropriate systems.

The FBI also investigated whether there was evidence of computer intrusion in connection with the personal email server by any foreign power, or other hostile actors. Comey noted that Clinton had used several different servers and administrators during her four years at the State Department, and used numerous mobile devices to view and send emails on that personal domain.

The FBI discovered that approximately 30,000 emails provided by Clinton to the State Department in December 2014 contained 110 emails in 52 email chains that were determined to contain classified information at the time they were sent or received. Eight of those chains contained information that was "Top Secret", 36 contained "Secret" information, and eight contained "Confidential" information. Additionally, about 2,000 additional emails were "up-classified" to make them Confidential.

The FBI also discovered several thousand work-related emails that were not among the 30,000 provided by Clinton to the State Department. These were found in various ways, including on devices connected to the private email domain, in archived government email accounts of people who had been government employees at the same time as Clinton, and in the "slack space" of a server decommissioned in 2013.

While Comey stated that the FBI found no evidence that any of the additional work-related emails were intentionally deleted, he acknowledged that it was likely that some work-related emails were not produced to the State Department and were subsequently lost when Clinton's lawyers deleted all emails they did not return.

Comey's decision not to recommend criminal charges was based on the lack of evidence of intentional or willful mishandling of classified information, efforts to obstruct justice, or deliberate exposure of government secrets. He noted that in previous investigations into mishandling or removal of classified information, the presence of these factors had been necessary to support criminal charges.

Comey's announcement came two months before the 2016 U.S. presidential election and was highly controversial. Critics, including Clinton herself, argued that his decision to reopen the investigation so close to the election may have cost her the presidency. In June 2018, DOJ Inspector General Michael Horowitz released a report criticising Comey's handling of the Clinton email probe as "insubordinate", stating that he had made "a serious error in judgment" and "usurped the authority of the Attorney General". However, the report found no evidence of political bias.

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